Madras High Court

WP/40337/2026 of RAJAVENTHAN Vs THE COMMISSIONER on 1 October 2026

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W.P.No.40337 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-10-2026

CORAM

THE HON'BLE DR JUSTICE G. JAYACHANDRAN

AND

THE HON'BLE MR.JUSTICE E.MANOHARAN

W.P.No.40337 of 2026

CNR:{HCMA012378402026}

AND

W.M.P.No.45292 of 2026

Rajaventhan

S/o.Rathakrishnan,

1, Anna Street, Sivan Sannathi Street,

Tittagudi, Cuddalore District- 606 106.

..Petitioner(s)

Vs

1. The Commissioner

Tittagudi Municipality,

Tittagudi, Cuddalore District- 606 106.

2. The District Collector

Collectorate Building, Semmandalam,

Cuddalore District- 607 001

3. The Revenue Divisional Officer

RDO Office, Cuddalore Main Road,

Virudhachalam- 606 001.

4. The Tahsildar

Taluk Office, Tittagudi- 606 106.

5. State of Tamil Nadu

Rep. by its Secretary to Government,

Municipal Administration and Water

Supply Department, Fort St. George,

Chennai-09.

..Respondent(s)

W.P.No.40337 of 2026

Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Notice bearing Na.Ka. No.984/ 2025/ F1 dated 09.09.2026 issued by the 1st Respondent, quash the same as illegal, arbitrary and violative of the principles of natural Justice, and Consequently direct the Respondents, not to demolish or in any manner interfere with the petitioner’s building situated at Door No.22, Sivan Sannathi Street, Ward No.17, Tittagudi, Cuddalore District.

For Petitioner:

Ms.RA.Parkavi

For Respondents:

Mr.P.Srinivas, Standing Counsel for R1

Mr.K.Surender, SGP

for R2,R3,R4 and R5

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Order

(Order of the Court was made by Dr.G.Jayachandran, J.) The petitioner herein, being aggrieved by the notice issued under Section 128 (1)(b) of the Tamil Nadu Urban and Local Bodies Act, 1998, is before this Court, alleging that, even without prior notice, based on the order passed by this Court in W.P.No.19662 of 2025, the Commissioner, Tittagudi Municipality has issued the impugned notice for eviction.

W.P.No.40337 of 2026

2. According to him, the portion of the land alleged to have been encroached by him is in possession and in continuous occupation for several years and the Panchayat has already passed a resolution to assign that portion in favour of the petitioner’s forefather. Without considering these facts and without proper survey and affording opportunity, the final order has been passed.

3. The learned Standing Counsel appearing for the 1st respondent/Municipality submitted that, prior to the issuance of the impugned notice, the survey of the land was conducted, pursuant to the direction issued by this Court in W.P.No.19662 of 2025. After the survey, the illegal encroachment on the poromboke street in S.Nos.119 and 124 of Tittagudi Village was identified and the portion was earmarked. Form-I notice was issued to the encroachers. The petitioner is one such encroacher, who has constructed a concrete building and using it as a godown. On his behalf, the notice was received by one Kolanji, w/o Thangavel, who is running a bangle shop in the encroached portion of the land. She being the tenant under the petitioner and since the notice has been served on her, the petitioner cannot claim that no prior intimation or notice was issued to him regarding the illegal encroachment.

W.P.No.40337 of 2026

4. A perusal of Form-I indicates that the petitioner, by name, Raja, S/o Radhakrishnan, is an occupant of the godown measuring an extent of 0.00.15 ares and Tmt. Kolanji, is the owner of the bangle shop, which is covered with asbestos sheets and measuring an extent of 0.00.10 ares. Since Form-I notice indicates that, the petitioner, Raja and Kolanji are two different individuals occupying S.No.119, classified as poromboke Street and the extent of land occupied by each of them is independently identified, the notice served on the neighbouring occupant cannot be constructed as notice to the petitioner. Therefore, the petitioner herein shall treat the impugned notice, dated 09.09.2026, as the show-cause notice and submit his explanation, within 15 days from today. On receipt of the explanation, further action shall be taken in accordance with law.

5. With the above directions and observations, this Writ Petition is disposed of. No order as to costs. Consequently, connected Miscellaneous Petition is closed. (G.J.,J.) (E.M.,J.) 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ari

W.P.No.40337 of 2026

Note:Issue order copy today i.e. 01.10.2026 To

1. The Commissioner Tittagudi Municipality, Tittagudi, Cuddalore District- 606 106.

2. The District Collector Collectorate Building, Semmandalam, Cuddalore District- 607 001

3. The Revenue Divisional Officer RDO Office, Cuddalore Main Road, Virudhachalam- 606 001.

4. The Tahsildar Taluk Office, Tittagudi- 606 106.

5. State of Tamil Nadu Rep. by its Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai-09.

W.P.No.40337 of 2026

Dr.G.JAYACHANDRAN, J. AND E.MANOHARAN, J. ari W.P.No.40337 of 2026 and W.M.P.No.45292 of 2026 01-10-2026

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